Abstract
Directors play an important role in a company. A company will succeed or collapse
through directors depending on how well they carry out their duties. In order to
protect companies many jurisdictions have adopted the approach of codification of
the director’s duties. Some countries have adopted complete codification of directors’
duties and others have adopted what is said to be partial codification of directors’
duties. The Companies Act has partially codified some of the directors’ duties in
South Africa.
Codifications have got advantages and disadvantages, this research will provide a
brief comparison of United Kingdom approach with the South African approach. It will
conclude by exposing that a partial codification approach is suitable to follow in
terms of South African company law.
LL.M. (Commercial Law)